Does Texas have a comprehensive privacy law? Yes. The Texas Data Privacy and Security Act (HB 4), signed on June 18, 2023, has been in effect since July 1, 2024.
- Status: In Effect
- Law: Texas Data Privacy and Security Act (HB 4, 88th Legislature, 2023; Texas Business and Commerce Code chapter 541)
- Signed: June 18, 2023 · Effective: July 1, 2024 (Section 541.055(e): January 1, 2025)
- Applies to: Persons that conduct business in Texas or produce a product or service consumed by Texas residents, process or engage in the sale of personal data, and are not a small business as defined by the U.S. Small Business Administration; small businesses may not sell sensitive data without the consumer’s prior consent
- Cure period: Yes; 30 days after the Attorney General’s written notice; no end date
- Enforcement: Attorney General (exclusive); civil penalty of up to $7,500 per violation, plus injunctions; no private right of action
- Last verified: November 4, 2026 · Official source: Texas Legislature Online, HB 4 (88R)
- Related: Texas Data Privacy and Security Act guide
Texas’s comprehensive privacy law is the Texas Data Privacy and Security Act (TDPSA). It was passed as House Bill 4 in the 88th Legislature’s 2023 regular session, signed by the Governor on June 18, 2023, and added to the Business and Commerce Code as chapter 541. It took effect on July 1, 2024; one provision, Section 541.055(e), followed on January 1, 2025.
Unlike most state privacy laws, the TDPSA has no revenue or consumer-count threshold. It covers any person that does business in Texas or offers products or services consumed by Texans, processes or sells personal data, and is not a small business under the U.S. Small Business Administration’s definition. Even small businesses may not sell sensitive personal data without the consumer’s prior consent. The Attorney General has exclusive enforcement authority, must give 30 days’ written notice and a chance to cure before suing, and can seek civil penalties of up to $7,500 per violation; consumers cannot sue under the law.
For more on the law’s consumer rights and business duties, read our guide to the Texas Data Privacy and Security Act.